MD
Maryland House Bill HB966

Maryland 2024 Regular Session

Maryland House Bill HB966 Compare Versions

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1- WES MOORE, Governor Ch. 670
21
3-– 1 –
4-Chapter 670
5-(House Bill 966)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0966*
89
9-Law Enforcement Officers’ Pension System – Reemployment as Sheriff
10+HOUSE BILL 966
11+P6 4lr2086
12+ CF SB 706
13+By: Delegate Forbes (Chair, Joint Committee on Pensions)
14+Introduced and read first time: February 2, 2024
15+Assigned to: Appropriations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 1, 2024
1019
11-FOR the purpose of requiring the Board of Trustees for the State Retirement and Pension
12-System to suspend the retirement benefit of a retiree of the Law Enforcement
13-Officers’ Pension System who is elected as a sheriff within a certain period of time
14-after the date of retirement; providing for the reinstatement of a benefit; providing
15-that a suspension of a benefit does not affect survivor benefits; and generally relating
16-to reemployment of retirees of the Law Enforcement Officers’ Pension System.
20+CHAPTER ______
1721
18-BY repealing and reenacting, with amendments,
19- Article – State Personnel and Pensions
20-Section 26–403
21- Annotated Code of Maryland
22- (2015 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2323
24- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
25-That the Laws of Maryland read as follows:
24+Law Enforcement Officers’ Pension System – Reemployment as Sheriff 2
2625
27-Article – State Personnel and Pensions
26+FOR the purpose of requiring the Board of Trustees for the State Retirement and Pension 3
27+System to suspend the retirement benefit of a retiree of the Law Enforcement 4
28+Officers’ Pension System who is elected as a sheriff within a certain period of time 5
29+after the date of retirement; providing for the reinstatement of a benefit; providing 6
30+that a suspension of a benefit does not affect survivor benefits; and generally relating 7
31+to reemployment of retirees of the Law Enforcement Officers’ Pension System. 8
2832
29-26–403.
33+BY repealing and reenacting, with amendments, 9
34+ Article – State Personnel and Pensions 10
35+Section 26–403 11
36+ Annotated Code of Maryland 12
37+ (2015 Replacement Volume and 2023 Supplement) 13
3038
31- (a) Except as provided in [subsection (f)] SUBSECTIONS (F) AND (G) of this
32-section, a retiree who is receiving a service retirement allowance may accept employment
33-with a participating employer on a permanent, temporary, or contractual basis, without
34-any reduction in retirement allowance.
39+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
40+That the Laws of Maryland read as follows: 15
3541
36- (b) A reemployed retiree who is receiving a service retirement allowance may not
37-receive creditable service or eligibility service during the period of reemployment.
42+Article – State Personnel and Pensions 16
3843
39- (c) The retiree’s compensation during the period of reemployment may not be
40-subject to the employer pickup provisions of § 21–303 of this article or any reduction or
41-deduction as a member contribution for pension or retirement purposes.
44+26–403. 17
4245
43- (d) The State Retirement Agency shall institute appropriate reporting procedures
44-with the affected payroll systems to ensure compliance with this section.
46+ (a) Except as provided in [subsection (f)] SUBSECTIONS (F) AND (G) of this 18
47+section, a retiree who is receiving a service retirement allowance may accept employment 19 2 HOUSE BILL 966
4548
46- (e) (1) Immediately on the employment of any retiree, a participating
47-employer shall notify the State Retirement Agency of the type of employment and the
48-anticipated earnings of the retiree.
49- Ch. 670 2024 LAWS OF MARYLAND
5049
51-– 2 –
52- (2) At least once each year, in a format specified by the State Retirement
53-Agency, each participating employer shall provide the State Retirement Agency with a list
54-of all employees included on any payroll of the employer, the Social Security numbers of
55-the employees, and their earnings for that year.
50+with a participating employer on a permanent, temporary, or contractual basis, without 1
51+any reduction in retirement allowance. 2
5652
57- (f) An individual who is receiving a service retirement allowance under this title
58-may not be employed within 45 days of the date the individual retired, on a permanent,
59-temporary, or contractual basis, by:
53+ (b) A reemployed retiree who is receiving a service retirement allowance may not 3
54+receive creditable service or eligibility service during the period of reemployment. 4
6055
61- (1) the State or other participating employer; or
56+ (c) The retiree’s compensation during the period of reemployment may not be 5
57+subject to the employer pickup provisions of § 21–303 of this article or any reduction or 6
58+deduction as a member contribution for pension or retirement purposes. 7
6259
63- (2) a withdrawn participating governmental unit, if the retiree was an
64-employee of the withdrawn participating governmental unit while the withdrawn
65-governmental unit was a participating employer.
60+ (d) The State Retirement Agency shall institute appropriate reporting procedures 8
61+with the affected payroll systems to ensure compliance with this section. 9
6662
67- (G) (1) THIS SECTION APPLIES TO A RETIREE WHO IS ELECTED AS A
68-SHERIFF LESS THAN 5 YEARS 1 YEAR AFTER THE RETIREE ’S DATE OF RETIREMENT .
63+ (e) (1) Immediately on the employment of any retiree, a participating 10
64+employer shall notify the State Retirement Agency of the type of employment and the 11
65+anticipated earnings of the retiree. 12
6966
70- (2) THE BOARD OF TRUSTEES SHALL , AFTER GIVING NOTICE ,
71-TEMPORARILY SUSPEND THE RETIREE’S ALLOWANCE AS OF TH E DATE THE RETIREE
72-BEGINS SERVING AS A SHERIFF.
67+ (2) At least once each year, in a format specified by the State Retirement 13
68+Agency, each participating employer shall provide the State Retirement Agency with a list 14
69+of all employees included on any payroll of the employer, the Social Security numbers of 15
70+the employees, and their earnings for that year. 16
7371
74- (3) (I) ON RECEIVING SATISFAC TORY DOCUMENTATION T HAT THE
75-INDIVIDUAL IS NO LON GER SERVING AS A SHE RIFF, THE BOARD OF TRUSTEES
76-SHALL REINSTATE THE RETIREE’S ALLOWANCE WITH ACC UMULATED
77-COST–OF–LIVING ADJUSTMENTS F ROM THE DATE THE ALL OWANCE WAS
78-TEMPORARILY SUSP ENDED.
72+ (f) An individual who is receiving a service retirement allowance under this title 17
73+may not be employed within 45 days of the date the individual retired, on a permanent, 18
74+temporary, or contractual basis, by: 19
7975
80- (II) THE RETIREE’S ALLOWANCE WILL BE REINSTATED ON THE
81-FIRST DAY OF THE MON TH FOLLOWING THE MON TH IN WHICH THE RETI REE CEASED
82-SERVING AS A SHERIFF .
76+ (1) the State or other participating employer; or 20
8377
84- (4) IF A RETIREE WHOSE AL LOWANCE IS TEMPORARI LY SUSPENDED
85-DIES WHILE SERVING A S A SHERIFF, SURVIVORSHIP BENEFITS S ELECTED BY THE
86-MEMBER AT THE TIME O F RETIREMENT SHALL B E PAID TO:
78+ (2) a withdrawn participating governmental unit, if the retiree was an 21
79+employee of the withdrawn participating governmental unit while the withdrawn 22
80+governmental unit was a participating employer. 23
8781
88- (I) THE SURVIVING SPOUSE OR CHILD, IN ACCORDANCE WITH §
89-26–402 OF THIS SUBTITLE ; OR
82+ (G) (1) THIS SECTION APPLIES TO A RETIREE WHO IS ELECTED AS A 24
83+SHERIFF LESS THAN 5 YEARS 1 YEAR AFTER THE RETIREE ’S DATE OF RETIREMENT . 25
9084
91- (II) IF THERE IS NO SURVI VING SPOUSE OR CHILD , THE
92-DESIGNATED BENEFICIA RY IN ACCORDANCE WITH § 21–403 OF THIS ARTICLE.
93- WES MOORE, Governor Ch. 670
85+ (2) THE BOARD OF TRUSTEES SHALL , AFTER GIVING NOTICE , 26
86+TEMPORARILY SUSPEND THE RETIREE’S ALLOWANCE AS OF TH E DATE THE RETIREE 27
87+BEGINS SERVING AS A SHERIFF. 28
9488
95-– 3 –
96- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
97-apply only prospectively and may not be applied or interpreted to have any effect on or
98-application to any individual who retires before the effective date of this Act.
89+ (3) (I) ON RECEIVING SATISFAC TORY DOCUMENTATION T HAT THE 29
90+INDIVIDUAL IS NO LON GER SERVING AS A SHE RIFF, THE BOARD OF TRUSTEES 30
91+SHALL REINSTATE THE RETIREE’S ALLOWANCE WITH ACC UMULATED 31
92+COST–OF–LIVING ADJUSTMENTS F ROM THE DATE THE ALL OWANCE WAS 32
93+TEMPORARILY SUSP ENDED. 33
94+ HOUSE BILL 966 3
9995
100- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
101-July 1, 2024.
10296
103-Approved by the Governor, May 9, 2024.
97+ (II) THE RETIREE’S ALLOWANCE WILL BE REINSTATED ON THE 1
98+FIRST DAY OF THE MON TH FOLLOWING THE MON TH IN WHICH THE RETI REE CEASED 2
99+SERVING AS A SHERIFF . 3
100+
101+ (4) IF A RETIREE WHOSE AL LOWANCE IS TEMPORARI LY SUSPENDED 4
102+DIES WHILE SERVING A S A SHERIFF, SURVIVORSHIP BENEFIT S SELECTED BY THE 5
103+MEMBER AT THE TIME O F RETIREMENT SHALL B E PAID TO: 6
104+
105+ (I) THE SURVIVING SPOUSE OR CHILD, IN ACCORDANCE WITH § 7
106+26–402 OF THIS SUBTITLE ; OR 8
107+
108+ (II) IF THERE IS NO SURVI VING SPOUSE OR CHILD , THE 9
109+DESIGNATED BENEFICIA RY IN ACCORDANCE WITH § 21–403 OF THIS ARTICLE. 10
110+
111+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 11
112+apply only prospectively and may not be applied or interpreted to have any effect on or 12
113+application to any individual who retires before the effective date of this Act. 13
114+
115+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
116+July 1, 2024. 15
117+
118+
119+
120+Approved:
121+________________________________________________________________________________
122+ Governor.
123+________________________________________________________________________________
124+ Speaker of the House of Delegates.
125+________________________________________________________________________________
126+ President of the Senate.